Keywords
Summary

Keywords

1 . AGRICULTURE - PROVISIONS OF THE TREATY - ARTICLE 46 - APPLICABILITY AFTER THE TRANSITIONAL PERIOD

( EEC TREATY , ART . 46 )

2 . AGRICULTURE - COUNTERVAILING CHARGE ON PRODUCTS NOT COVERED BY A COMMON ORGANIZATION - PURPOSE - NOT A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY

( EEC TREATY , ART . 46 )

Summary

1 . ARTICLE 46 MAY BE APPLIED AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD TO PRODUCTS WHICH HAVE NOT YET BEEN MADE SUBJECT TO A COMMON ORGANIZATION OF THE MARKET .

2 . ALTHOUGH A COUNTERVAILING CHARGE INTRODUCED IN PURSUANCE OF ARTICLE 46 OF THE TREATY APPEARS TO BE AN IMPEDIMENT TO INTRA-COMMUNITY TRADE , IT CANNOT BE COMPARED TO A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY . IT IS A CHARGE IMPOSED IN THE GENERAL INTEREST , THE AMOUNT OF WHICH IS FIXED BY THE COMMISSION AND NOT UNILATERALLY BY A MEMBER STATE . IT ENABLES PRODUCTS FROM STATES WHERE AIDS ARE GRANTED TO BE EXPORTED TO OTHER MEMBER STATES WITHOUT DISTURBING THEIR MARKETS AND THUS PREVENTS ARTIFICIAL DIFFERENCES BETWEEN PRICES IN THE EXPORTING MEMBER STATE AND THOSE IN THE IMPORTING MEMBER STATE , RESULTING FROM DISPARITIES IN THE NATIONAL MARKETS BEFORE THE ESTABLISHMENT OF A COMMON ORGANIZATION , FROM CREATING IMBALANCES IN TRADE .